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A person is accused of theft on one occasion and of causing grievous hurt on another. Assume that no…

Section 241(1) sets separate charges and separate trials as the default for distinct offences. The proviso allows joinder on the accused’s written request if the Magistrate…

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A person is accused of theft on one occasion and of causing grievous hurt on another. Assume that no exception allowing joinder applies. What does section 241 of the Bharatiya Nagarik Suraksha Sanhita, 2023, require?

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Answer and explanation

Correct answer B

Section 241(1) sets separate charges and separate trials as the default for distinct offences.

The proviso allows joinder on the accused’s written request if the Magistrate considers prejudice unlikely. Section 241(2) preserves other statutory joinder exceptions.

Option feedback

Option A

With no applicable joinder exception, each charge must be tried separately.

Option B

Section 241(1) requires a separate charge and a separate trial for each distinct offence. Its illustration uses theft and grievous hurt on different occasions.

Option C

The separate-charge rule applies to both allegations. It does not exclude the grievous-hurt charge.

Option D

The separate-charge rule applies to both allegations. It does not exclude the theft charge.

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